Lost documents for an apartment or house: how to confirm ownership

The loss or destruction of paper documents for an apartment or house does not in itself mean the loss of ownership. If information about the property is contained in the State Register of Real Rights to Real Estate (SRRE), the owner can confirm his rights using the appropriate extract.

The situation may be more complicated with real estate, the rights to which were registered before 2013 and the information about which has not been included in the modern electronic register.

When paper documents are not critical

If the ownership is registered in the SRRE, the absence of the original certificate or contract will not necessarily become an obstacle to conducting legal transactions with the property.

A notary or state registrar checks the information in the state register when concluding a transaction. Information about the ownership can be confirmed by an extract from the SRRE.

You can obtain it, in particular, through the Central Administrative Center, a notary or online.

At the same time, the destruction of paper documents does not terminate the ownership itself. At the same time, problems may arise if the necessary information is not in the state register.

What to do with real estate registered before 2013

Particular attention should be paid to housing with which no transactions were carried out after January 1, 2013.

Previously, real estate was recorded according to different rules, so information about some objects may not have been included in the Real Estate Registry.

If the ownership right is not entered into the modern register, it will not be possible to obtain a regular extract confirming it.

In this case, it is necessary to contact the body, institution or official who issued the title document at the time and receive a duplicate.

Depending on the situation, these may be:

a city, town or village council or its successor;

a notary;

a state notarial archive.

For example, if an apartment was purchased under a purchase and sale agreement, received as a gift or inheritance, the issue of document restoration can be resolved through a notary or the relevant archive.

When to go to court

A legal process may be necessary if it is no longer possible to obtain a duplicate document.

In particular, this applies to situations where the body that issued the document has been liquidated, archival materials have been destroyed or remained in a temporarily occupied territory.

Then a court hearing may be required to confirm ownership or establish the relevant legal fact.

Why it is better not to postpone document restoration

The law does not establish a mandatory period within which the owner must restore lost documents. However, a lawyer advises not to postpone this issue.

Over time, the institution that issued the necessary document may be liquidated or reorganized. During a war, there is also a risk of loss or destruction of archives.

In this case, a procedure that could previously be completed administratively may turn into a lengthy trial.

In addition, the lack of proper confirmation of ownership can create difficulties when:

registering an inheritance;
receiving compensation for damaged or destroyed housing;
registering a pledge or mortgage;
insuring real estate;
judicial protection of property from third-party claims.

Therefore, it is worth checking the availability of information about your real estate in the Real Estate Registry and, if necessary, restoring documents in advance, even if the owner does not plan to sell or donate housing in the near future.